A.Â
In order to ensure universal availability of public, educational, and governmental programming (collectively "PEG channels"), franchisee shall provide capacity on the basic service tier for LFA's use one dedicated access channel that LFA may use for educational purposes. Franchisee shall reserve on the basic service tier for LFA's future use one dedicated access channel that LFA may use for governmental purposes. Franchisee shall reserve on the basic service tier for LFA's future use one dedicated access channel that LFA may use for public purposes. The parties agree that franchisee shall retain the right to utilize all such reserved access channel capacity, in its sole discretion, during the term of this franchise until such time that LFA begins using the access channel pursuant to Subsection B and/or if LFA ceases to use the access channels during the term of this agreement.
B.Â
LFA reserves the right to obtain from franchisee,
upon 60 days' written notice, one educational access channel, upon
120 days' written notice, one government access channel, and upon
120 days' written notice, one public access channel for exclusive
use by LFA. Such notification shall constitute authorization to franchisee
to transmit such programming within and without LFA. Franchisee shall
assign the PEG channel numbers to the extent such channel number assignments
do not interfere with franchisee's existing or planned channel number
line-up and contractual obligations, provided it is understood that
franchisee specifically reserves the right to make such assignments
in its sole discretion. The PEG channels shall be used for community
programming related to educational and/or governmental activities.
LFA shall have complete control over the content, scheduling, and
administration of the PEG channels and may delegate such functions,
or a portion of such functions, to an appropriate designee. Franchisee
shall not exercise any editorial control over PEG channel programming.
If an PEG channel provided under this article is not being utilized
by LFA, franchisee may utilize such PEG channel, in its sole discretion,
after receiving written approval by LFA until such time as LFA elects
to utilize the PEG channel for its intended purpose. In the event
that LFA decides to exercise its right to use PEG capacity, LFA shall
provide Franchisee with 90 days' prior written notice of such request.
C.Â
LFA shall comply with the law regarding the noncommercial
use of PEG channels.
D.Â
Franchisee shall use reasonable efforts to interconnect
its cable system with the existing cable operator(s). Prior to the
service date, franchisee shall initiate interconnection negotiations
with the existing cable operator(s) to cablecast, on a live basis,
any educational and governmental access programming consistent with
the agreement. Interconnection may be accomplished by direct cable,
microwave link, satellite or other reasonable method of connection.
Franchisee shall negotiate in good faith with existing cable operator(s)
respecting reasonable, mutually convenient, cost-effective, and technically
viable interconnection points, methods, terms and conditions. LFA
shall support and encourage good faith negotiations between franchisee
and existing cable operator(s) for interconnection of the existing
cable operator(s)' cable system(s) with the cable system on reasonable
terms and conditions. Franchisee and the existing cable operator(s)
shall negotiate the precise terms and conditions of an interconnection
agreement.
E.Â
If the procedures of Subsection D do not result in interconnection of franchisee's cable system with the existing cable operator(s)' for purposes of providing PEG channels, no earlier than 12 months after the service date of this agreement and/or upon activation of the PEG channel by LFA, LFA may require franchisee to provide a video link, without charge to LFA, to a location within LFA where PEG access programming is originated for the purpose of cablecasting PEG programming; provided, however, that franchisee shall not be obligated to provide LFA with either cablecast equipment and facilities or personnel responsible for maintaining and operating such equipment and facilities or generating any such PEG programming.
F.Â
Indemnity for PEG. LFA shall require all local producers
and users of any of the PEG facilities or channels to agree in writing
to authorize franchisee to transmit programming consistent with this
agreement and to defend and hold harmless franchisee and LFA from
and against any and all liability or other injury, including the reasonable
cost of defending claims or litigation, arising from or in connection
with claims regarding an PEG programming facility, not including the
actual FTTP network, or channel or PEG channel programming, including
claims for failure to comply with applicable federal laws, rules,
regulations or other requirements of local, state, or federal authorities;
for claims of libel, slander, invasion of privacy, or the infringement
of common law or statutory copyright; for unauthorized use of any
trademark, trade name, or service mark; for breach of contractual
or other obligations owing to third parties by the producer or user;
and for any other injury or damage in law or equity. LFA shall establish
rules and regulations for use of PEG facilities, consistent with,
and as required by, 47 U.S.C. § 531. Notwithstanding the
foregoing, LFA shall not indemnify franchisee for any damages, liability,
or claims resulting from acts of willful misconduct or negligence
of the franchisee, its officers, employees, or agents.
G.Â
Recovery of costs. Franchisee shall be allowed to
recover any costs arising from the provision of PEG services as set
forth in 47 U.S.C. § 542.
